Stark Law

Physician Self-Referral Act (Stark Law)

Given the complexity of self-referral laws and continued amendments to regulations, the Stark law can be difficult to interpret and follow. It is critical that all financial relationships be scrutinized for compliance with the statute. Our Stark Assessment Module was designed to allow referring healthcare professionals to immediately assess their Stark Law vulnerabilities and self-reporting obligations.

What You Need to Know to Have an Effective Stark Law Compliance Program

A clear understanding of “designated health services” (DHS) under Stark, including specific CPT and HCPCS codes

Familiarity with key statutory terms of the Stark law such as “referral”, “entity”, “financial relationship”, “ownership” or “compensation arrangement”

How Stark’s “global” exceptions apply to ownership interests and compensation arrangements with implications for group-practice entities

Familiarity with statutory exceptions that apply to physician’s ownership/investment interests in DHS entities as well as compensation arrangements with DHS entities

Basic distinctions between the Stark law and anti-kickback laws and the implications of their violation

Understanding of self-reporting requirements and refunds of compensations from prohibited referrals

Our Stark Assessment Module is designed to measure the level of Stark law risk by evaluating the nature of referring arrangements between your medical group and providers of (DHS).

The first use of our Stark Assessment Module is free-of-charge for any company that administers our PerfectShield™ Assessment Solution.

For a reasonable licensing fee, a follow-up assessment is then performed to capture and “lock-in” programmatic improvement. Each subsequent assessment can be customized and refined to meet the needs of your organization and additional customized modules can be added as needed.

As your company progresses towards competency to prevent breaches of the Stark Law with each subsequent assessment, you are automatically enrolled in our PerfectShield™ Certification Program to assist you in demonstrating to appropriate U.S. regulatory authorities that you have taken reasonable steps towards ensuring compliance and effectively managing risk across your business and supply chain.

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Disclaimer

Important: FormerFeds, LLC is not a law firm. We do not provide legal advice. Our PerfectShield™ compliance solution should always be administered with the advice and under the guidance of legal counsel. Read more →